01-24-2012 MinutesMINUTES
REGULAR MEETING
January 24, 2412
A Regular Meeting was held by the Schertz City Council of the City of Schertz, Texas, on
January 24, 2012, at 6:00 p.m., in the Municipal Complex Council Chambers, 1400 Schertz
Parkway, Building #4, Schertz, Texas. The following members present to -wit:
Mayor Hal Baldwin
Councilmember Jim Fowler
Councilmember Michael Carpenter
Staff Present:
Assistant City Manager John Bierschwale
Chief of Staff Bob Cantu
City Secretary Brenda Dennis
Councilmember Cedric Edwards was absent.
CALL TO ORDER REGULAR MEETING
Mayor Pro-Tern David Scagliola
Councilmember George Antuna
City Manager John Kessel
Assistant City Manager David Harris
City Attorney Katherine Tapley
Mayor Baldwin called the meeting to order at 6:00 p.m. and welcomed everyone in
attendance.
INVOCATION AND PLEDGES OF ALLEGIANCE TO TM FLAGS OF THE
UNITED STATES AND STATE OF TEXAS.
Councilmember Fowler gave the invocation followed by the Pledges of Allegiance to the
Flags of the United States and State of Texas.
Mayor Baldwin mentioned that Councilmember Edwards had a previous engagement and was
absent this evening.
City Events
• Announcements of upcoming City Events (D. Harris /J. Bierschwale)
No announcements given.
Presentations:
• Presentation and update on the Schertz Festival of Angels event (M. Spence)
Mayor Baldwin recognized Events Coordinator Mary Spence who provided a brief
update regarding the Schertz Festival of Angel's event. Ms. Spence indicated that the
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information regarding this event can be found on the website; click on the Festival of
Angels link.
Hearing of Residents
This time is set aside for any person who wishes to address the City Council. Each person
should f ll out the speaker's register prior to the meeting. Presentations should be limited to
no more than 5 minutes. Discussion by the Council of any item not on the agenda shall be
limited to statements of specific factual information given in response to any inquiry, a
recitation of existing policy in response to an inquiry, and/or a proposal to place the item on
a future agenda. The presiding officer, during the Hearing of Residents portion of the
agenda, will call on those persons who have signed up to speak in the order they have
registered.
Mayor Baldwin recognized the following who spoke:
• Mr. Steve Layton, 12231 Lost Meadows, who provided brief information regarding
Sedona Trails and how areas could be removed from the flood plain area.
• Ms. Maggie Titterington, President of the Schertz Chamber of Commerce, who
provided updated information regarding the Chamber.
Mayor Baldwin recognized the following who spoke regarding the issues in the Fairhaven
Subdivision and updated information from Pulte.
• Mr. Steve & Mrs. Sherry Clark, 5269 Brookline
• Mr. Ryan Mahoney, 5233 Columbia Drive
• Ms. Melissa Sutterfield, 5209 Storm King
• Mr. Ken Russell, 6034 Mule Deer
• Ms. Virginia Diaz, 5325 Storm King
• Ms. Donna Fitzgerald, 5304 Storm King
• Ms. Heather Camelio, 5224 Brookline
• Mr. Daniel & Mrs. Debe Hollistel, 5525 Columbia Drive
• Ms. Molly Casas, 5228 Brookline
• Mr. Bruce & Mrs. Faye Touve, 5213 Brookline
• Ms. Holly Muniz, 5145 Brookline
• Ms. Cindy Morales, 5209 Columbia Drive
• Mr. Ralph Hogue, 6060 Rooster Run
• Mr. Bob Faust, 5448 Storm King
• Ms. Debbie Bishop, 5321 Storm King
• Mr. Daniel Scott, 3929 Brookhollow
• Ms. Trisha Mattison, P. O. Box 3022, 78148 (Homeowners For Better Building)
• Mr. Kevin Harwi, 5200 Columbia Drive
• Ms. Janet Ahmad, 18 Silver Horn (Homeowners For Better Building)
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Mayor Baldwin recognized City Manager John Kessel who stated that City Council and City
staff are very sympathetic to the situation and he does not want our lack of dialogue this
evening to appear as we do not care; we care very much. He stated that anyone who has
visited with us knows this. We take the time to listen. The City staff makes themselves
available at a very high level to meet with residents. Mr. Kessel stated that he as well as Mr.
Bierschwale, and Mr. Harris have met numerous times with numerous residents. He stated
that he again extends that invitation as he has at every meeting. He stated that it is very
important from the City's perspective that we continue to try and have that dialogue with
Pulte and perhaps that is something that doesn't seem to make sense, based on some of the
comments. If the dialogue stops, we the City, do not have anything further to do to help your
particular house today. The only way to start working on your house is to continue to have
that dialogue with the person who built the house and the person who is able to repair the
house. That is what we want to help facilitate. He stated that the City does work directly
with Pulte to let them know your concerns. Mr. Kessel again stated that the City takes the
situation very seriously and wants everyone to go away tonight knowing that he does speak
and meet regularly with Pulte and pushes them every way he can within the law to do what is
right, to do the best they can, and to treat others the way they would like to be treated
themselves. These are important values.
Mayor Baldwin recessed the meeting at 8:00 p.m. for a brief break. Mayor Baldwin
reconvened the meeting at 8:20 p.m.
Consent Agenda
The Consent Agenda is considered to be self - explanatory and will be enacted by the Council
with one motion. There will be no separate discussion of these items unless they are
removed from the Consent Agenda upon the request by the Mayor or a Councilmember.
1. Ordinance No. 12 -S -01- Consideration and/or action approving an ordinance and
act upon rezoning approximately 504.645± acres of land out of 852.2± acres of land
which is zoned Planned Unit Development District (PUD) from Planned Unit
Development District (PUD) to Planned Development District (PDD) generally for
mixed use development. The 504.645± acres of property is generally located west
of FM 1518 at Lower Seguin Road. Final Reading (J. Kessel/M. Sanchez)
The following caption was read into record:
ORDINANCE NO. 12 -S -01
BY THE CITY COUNCIL OF THE CITY OF SCHERTZ, TEXAS,
AMENDING THE OFFICIAL ZONING MAP ORDINANCE NO. 08 -S -07 BY
REZONING APPROXIMATELY 504.645± ACRES OF LAND OUT OF
852.2± ACRES OF LAND WHICH IS ZONED PLANNED UNIT
DEVELOPMENT DISTRICT (PUD) FROM PLANNED UNIT
DEVELOPMENT DISTRICT (PUD) TO PLANNED DEVELOPMENT
DISTRICT (PDD) GENERALLY FOR MIXED USE DEVELOPMENT. THE
504.645± ACRES OF PROPERTY IS LOCATED IN THE CITY OF
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SCHERTZ, BEXAR COUNTY, TEXAS, GENERALLY LOCATED WEST
OF FM 1518 AT LOWER SEGUIN ROAD; REPEALING ALL
ORDINANCES OR PARTS OF ORDINANCES IN CONFLICT WITH THIS
ORDINANCE; AND PROVIDING AN EFFECTIVE DATE
2. Ordinance No. 12 -M -03 — Consideration and/or action approving an Ordinance
revising the City Council Rules of Procedure. Final Reading (M. Carpenter/M.
Spain)
The following was read into record:
AN ORDINANCE BY THE CITY OF SCHERTZ AUTHORIZING
AMENDED CITY COUNCIL RULES OF CONDUCT AND PROCEDURE;
REPEALING ALL ORDINANCES OR PARTS OF ORDINANCES IN
CONFLICT WITH THIS ORDINANCE; AND PROVIDING AN
EFFECTIVE DATE
3. Resolution No. 12 -R -07 - Consideration and/or action approving an amendment to
the Sprint Telecom Agreement. (J. KessellM. Spain)
The following was read into record:
I�YI]�1��1]� ► 1 � I
A RESOLUTION BY THE CITY COUNCIL OF THE CITY OF SCHERTZ,
TEXAS AUTHORIZING A FIRST AMENDMENT TO TOWER LEASE
AGREEMENT WITH SPRINT SPECTRUM REALTY COMPANY, L.P.,
AND OTHER MATTERS IN CONNECTION THEREWITH
Mayor Baldwin recognized Councilmember Fowler who moved, seconded by
Mayor Pro -Tem Scagliola to approve consent agenda items 1, 2, and 3. The vote
was unanimous. Motion Carrier
Discussion and /or Action Items
4. Ordinance No. 12 -D -04 — Consideration and/or action approving an Ordinance
revising the speed limit on Hubertus Road from 11135 frontage road to FM 482 to
30 mph. First Reading (J. KessellD. Letbetter)
The following was read into record:
ORDINANCE NO. 12 -D -04
AN ORDINANCE BY THE CITY COUNCIL OF THE CITY OF SCHERTZ,
TEXAS PROVIDING THAT THE CODE OF ORDINANCES OF THE CITY
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OF SCHERTZ, TEXAS BE AMENDED BY REVISING SECTION 86 -115,
MAXIMUM LINIITS GENERALLY; AND PROVIDING A REPEALING
CLAUSE.
Mayor Baldwin recognized Councilmember Carpenter who moved, seconded by
Councilmember Mayor Pro -Tern Scagliola to approve Ordinance 12 -13-04 on first
reading. The vote was unanimous. Motion carried.
5. Ordinance No. 12 -D -05 — Consideration and/or action approving an Ordinance
revising the speed limit on Friesenhahn Lane from IH 35 frontage road to FM 482
to 30 mph. First Reading (J. Kessel/D. Letbetter)
The following was read into record:
ORDINANCE NO. 2012-D-5
AN ORDINANCE BY THE CITY COUNCIL OF THE CITY OF SCHERTZ,
TEXAS PROVIDING THAT THE CODE OF ORDINANCES OF THE CITY
OF SCHERTZ, TEXAS BE AMENDED BY REVISING SECTION 86 -115,
MAXIMUM LIMITS GENERALLY; AND PROVIDING A REPEALING
CLAUSE.
Mayor Baldwin recognized Councilmember Carpenter who moved, seconded by
Councilmember Fowler to approve Ordinance 12 -D -05 on first reading. The vote
was unanimous. Motion carried.
6. Ordinance No. 12 -S -06 - Conduct a public hearing and consideration and/or action
approving an ordinance to rezone 37.325± acres of land from General Business
(GB) to General Business -2 (G13-2). The property is more specifically described as
a portion of the Toribio Herrera Survey, Abstract No. 153, City of Schertz,
Guadalupe County, Texas, generally located at the intersection of FM 1518 and
Maske Road. First Reading (J. KessellM. Sanchez)
The following was read into record:
ORDINANCE NO. 12 -S -06
BY THE CITY COUNCIL OF THE CITY OF SCHERTZ, _TEXAS
AMENDING THE OFFICIAL ZONING MAP ORDINANCE 11 -S -15 BY
REZONING APPROXIMATELY 37.325± ACRES OF LAND FROM
GENERAL BUSINESS DISTRICT (GB) TO GENERAL BUSYNESS
DISTRICT -2 (GB -2) KNOWN AS CAMARGO SUBDIVISION. THE
PROPERTY IS MORE SPECIFICALLY DESCRIBED AS A PORTION OF
THE TORIBIO HERRERA SURVEY, ABSTRACT 153; GENERALLY
LOCATED ON THE SOUTHEAST CORNER OF FM 1518 AND MASKE
ROAD; PROVIDING A REVERSIONARY CLAUSE; PROVIDING A
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REPEALING CLAUSE; PROVIDING A SEVERABILITY CLAUSE;
PROVIDING A PENALTY CLAUSE; AND PROVIDING AN EFFECTIVE
DATE
Mayor Baldwin recognized Development Services Director Michelle Sanchez who
introduced this item stating that action rezones 37.325-+ acres of land from General
Business District to General Business District -2 as requested by CWS Architects.
The property is owned by XLNT Properties (Robert Camargo). The Future Land
Use PIan designates the property for Industrial/Business Park uses and staff has
concluded that this rezoning request is generally consistent with the Plan.
The Planning and Zoning Commission met on January 11, 2012, and recommended
approval to City Council provided there is no objection issued by Randolph Air
Force Base which has not been received at the time of this writing. Ms. Sanchez
indicated that she has spoken with Randolph Air Force Base and they have no
objections and that their letter should be received within a week or two. She stated
that she believes that by the time of final approval of this zoning the City should be
in receipt of the letter.
The timeline is as follows:
January 11, 2012 P &Z Public Hearing
January 24, 2012 City Council Public Hearing and First reading of Ordinance
February 7, 2012 City Council Final Reading of Ordinance
Staff recommends approval. City Manager John Kessel and Development Services
Director Ms. Sanchez addressed Mayor and Council questions.
Mayor Baldwin opened the public hearing and as no one else spoke, Mayor
Baldwin closed the public hearing.
Mayor Baldwin recognized Councilmember Carpenter who moved, seconded by
Mayor Pro -Tem Scagliola to approve Ordinance No. 12 -S -06 first reading. The
vote was unanimous. Motion Carried.
Mayor Baldwin moved into executive session at 8:36 p.m.
Executive Session
Called under Section 551.071 Texas Government Code Litigation, pending or
contemplated litigation; Section 551.072 Texas Government Code - Deliberation
regarding the purchase, exchange, sale, lease, or value of real property, or real estate.
Mayor Baldwin reconvened into regular session at 10:40 p.m.
Reconvene into Regular Session
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7. Take any action deemed necessary as a result of the Executive Session.
No action taken.
R.
Rec _uests and Announcements
8. Requests by Mayor and Councilmembers that items be placed on a future City
Council agenda.
No items requested.
9. Requests by Mayor and Counciluiembers to City Manager and Staff for
information.
Mayor Baldwin recognized Mayor Pro -Tern Scagliola who asked if the Engles
property between Schertz and New Braunfels had been annexed. Assistant City
Manager John Bierschwale stated that yes; it had been annexed by New Braunfels.
Mayor Baldwin recognized Councilmember Fowler who asked if staff could look
into communicating with TxDot the possibility of lowering the speed limit on FM
1103 by Cibolo Valley Church. Chief Taylor stated that his officers have been
working the area and that recently he has had dialogue with TxDot regarding this
issue and they are currently doing a study. Information will be provided to Council
once the study has been completed by TxDot.
Mayor Baldwin requested staff look at the possibility of redoing Lazy Oak, in the
Oak Forest Subdivision. Are there any plans now or in the future to redo the street?
Assistant City Manager John Bierschwale stated that Public Works has taken
corrective action on the drainage issues. He stated that Public Works is currently
putting together a work plan and cost analysis for an overlay.
Mayor Baldwin recognized Councilmember Antuna who wanted to know the status
as to what the City is doing with the road from IH 35 down to old Wiederstein
Road. (Cibolo Valley is being expanded by City of Cibolo) Assistant City
Manager John Bierschwale stated that right now nothing is planned. Mr.
Bierschwale stated the City is keeping it passable; no dollars are funded since this is
the entrance into Cibolo. He stated that Schertz asked Cibolo for assistance in
restructuring the road and was told a while back no, but that was under a different
Mayor with the City of Cibolo at that time. He is hopeful that the City of Cibolo
will in the future wish to participate in this.
10. Announcements by Mayor and Councilmembers
City and community events attended and to be attended
City Council Committee and Liaison Assignments (see assignments below)
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• Continuing education events attended and to be attended
• Recognition of actions by City employees
• Recognition of actions by community volunteers
• Upcoming City Council agenda items
Mayor Baldwin recognized Mayor Pro -Tem Scagliola who stated he attended the
following events:
On Sunday, January 22, 2012, he attended a gathering along with other City
Council members and the Schertz Sweethearts for discussions on the
upcoming Cibolo Princess Pageant.
Mayor Baldwin recognized Councilmember Antuna who stated he attended the
following events:
Cibolo Princess Pageant on Sunday, January 22, 2012.
Last week he and Mayor Baldwin attended a meeting with the Greater Bexar
County, a division of AACOG. Items discussed were the increase in
franchise fees on CIED monies. Councilmember Antuna asked Mr. Kessel
if he could get with CPS and provide them a list of City projects.
Mayor Baldwin recognized Councilmember Fowler who stated he attended the
following events:
Last night he attended the Parks and Recreation meeting; some of the
items discussed were a proposed skateboard park which would be located
behind the Fire Station. He also mentioned that on February 4, 2012
Eagle Scouts will be working with the Parks and Recreation Board on
some of the trails. Also, on April 14, 2012 the Board is planning a
volunteer work day and details will be forth coming.
11. Announcements by City Manager
Mayor Baldwin recognized City Manager John Kessel who stated that he would
like to give a shout out to Public Works, Parks and Recreation, and the Economic
Development teams for putting a meeting together to come up with ideas for FM 78
and Main Street. He stated that this team has some very creative ideas and they did
this all on their own to pull a team together.
Mr. Kessel also recognized Police Chief Taylor who has been working with the
Police Department on a step program on IH 35. He stated that this program allows
officers to promote public safety. Chief Taylor came forward briefing the Council
on the project.
Finally, Mr. Kessel thanked the Mayor and Council for allowing him to take off last
Friday to attend his mother's 70th birthday celebration.
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Adjournment
Mayor Baldwin adjourned the meeting at 11:01 p.m
ayor
ATTEST:
y
ren a Dennis, TRMC, MMC City Secretary
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